Power of attorney is a fake...

[Sunshine1]

In 1993 shortly after my dad had died, my mother signed over Power of Attorney to me to help her keep things in order.

In 2001 it had been determined and best for my mother to go into an assisted living apartment because she was developing memory loss and forgetting to take her medications.

Meanwhile my brother and his wife were really not involved, and rarely came to see her and as time goes by she doesn't remember him at all.  All together he has visited her maybe 5 times since 2001.

In 2002 there was another Power of Attorney that has surfaced and is a complete forgery.  Supposedly signed by my mother but if compared to any other documents with her signature, you can blatantly tell it is not her signature.  It names both my brother and his wife as Power of Attorney and they never signed it.  Notary was out of social services in another county, still looking into that.

My SIL is causing quite a ruckus.  She has deployed the state to check on her, social services, the bank is calling me, threatening letters demanding I give over banking documents, letters demanding I give them her money...the list goes on.

They have never been to a doctor appointment and the doctor has deemed her unable to live by herself and has dimensia.

I have been her main caregiver for this entire time but my brother and SIL (mainly SIL) are trying to do things with the POA and it is clearly a forgery and noone can tell.

1. Is there anything I can do to have this investigated by the DA?

2. Would a guardianship over my mother stop all of this?

3. Do I have to notify my brother of the court proceedings?

4.  With my POA can I obtain a TRO on my brother and SIL to keep from harrassing the home she lives in and bothering my mother?

5. Do you have any other advice?

[socrateaser]

>1. Is there anything I can do to have this investigated by the
>DA?

If you think that the notary has violated his/her legal duties, contact the State Secretary of State office and complain. That's how I would start.

>
>2. Would a guardianship over my mother stop all of this?

Yes.

>
>3. Do I have to notify my brother of the court proceedings?

Yes, and anyone else who you reasonably believe should have notice.

>
>4.  With my POA can I obtain a TRO on my brother and SIL to
>keep from harrassing the home she lives in and bothering my
>mother?

You an try, but if they defend based on their POA, then it will be up to you to prove their POA is fraudulent or forged.

>
>5. Do you have any other advice?

I'd take your copy of this POA and try to find the notary and ask to make a copy of the page where it shows that your mom identified herself to the notary.

If the notary refuses, then your next step would be to start at the top of your questions here and work down to #4.